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Chair’s column
I find in life that happenstance rarely occurs without meaning. I write the Chair’s Column for this edition of The Catalyst while in reflection upon one particular Illinois woman lawyer, Phyllis Schlafly, just days after her passing. Ms. Schlafly is most well known for her successful grassroots campaign to prevent the ratification of the Equal Rights Amendment to the United States Constitution (ERA) in the early 1970s. As a result, she will be remembered as one of the most divisive and controversial figures in Illinois and American politics. About a week before Ms. Schlafly’s passing, WATL member Kelly Thames-Bennett and I attended a screening of the documentary Equal Means Equal, which is described on the film’s webpage as, “A groundbreaking exploration of gender inequality in the USA featuring top women’s activists, leaders and survivors. A brutal exposé of a broken system, the film reignites the dialogue on full legal equality for all Americans.” I would describe it as a comprehensive illustration of the consequences resulting from the failure of our nation to ratify the ERA. The conflagration of emotion stirred in me at the collision of these two events has been profound upon my heart.
The text of the ERA simply stated:
“Equal rights under the law shall not be denied or abridged by the United States or by any state on account of sex”.
In 1972, nearly 50 years after Alice Paul first introduced the idea at the 1923 Seneca Falls Convention on women’s rights, the ERA had passed both Houses of Congress. However, ratification by at least 38 states was required for the ERA to have become part of the U.S. Constitution. By the end of 1973, 30 states had ratified the ERA, along with five more by the close 1977. However, those final three never materialized. Illinois, in line with the conservative opposition force led by Phyllis Schlafly, was among the holdouts.
Phyllis Schlafly, in her staunch resistance to the ERA convinced the masses that inclusion of the ERA in the constitution would result in dire consequences for American women. Examples included things many Americans now consider commonplace such as women in combat, same-sex marriage, and unisex bathrooms. While she steadfastly advocated that proper women must embrace the roles of only mother and wife and occupy the domain of the home rather than venture into public life, she was arguably one of the most public voices of her time. Ironically, I couldn’t even tell you her husband’s first name.
For those, like me, who were not yet born or barely walking at the height of the battle over the ratification of the ERA, we have only had the benefit of learning the herstory through storytelling by those who were there. However, as it is so plainly portrayed in Equal Means Equal, it is our generation that has carried the burden of its failure. And sisters, that burden is great. From the pay gap to the lack of paid family leave; from domestic violence to sex trafficking, it is clear that women in this country, especially women of color and lower socioeconomic status are suffering as a result of this nation’s collective failure to fundamentally recognize women and men as equals under the law.
As the late Justice Scalia1 made clear in the 2005 U.S. Supreme Court decision Town of Castle Rock Colo. v. Gonzales,2 even existing laws that mandate the protection of the most vulnerable women in our society, the battered and abused, are not really mandates after all. He stated,
“Even if the statute could be said to have made enforcement of restraining orders “mandatory” because of the domestic-violence context of the underlying statute, that would not necessarily mean that state law gave [her] an entitlement to enforcement of the mandate.
Many women and men believe that with hard work and gumption, anyone can rise to a place of success without regard to gender. Yet, in all professional arenas, men dominate advancement tracks,3 occupy more leadership roles,4 and earn more money.5 Women are also substantially more likely to have their careers derailed by the responsibilities of parenting and caregiving for others.6 While we will never know for certain, I cannot help but think that had the ERA become part of our nation’s Constitution, the statistical composite of our people would likely look quite different.
Still, there is light in all of this darkness. Those who follow the work of the ISBA Standing Committee on Women & the Law know that we spent the greater part of last year, revitalizing fervor in support for Illinois ratification of the ERA so many years later. The ISBA Assembly voted unanimously to support ratification at last year’s Mid-Year Meeting in Chicago. It is in that spirit that we look upon our future as a nation. Illinois has its own equal rights provision in the state Constitution7 and the legislature has addressed and continues to progress toward equality for all one law at a time. One of the newest ways is the currently pending Illinois Paid Family Leave Act,8 which if passed, will allow for all Illinois workers to better balance the rigors of work and family. As the pivotal events of 2016 come upon us, opportunities to move closer to a reality that matches the foundational values of equality are in our grasp. It is fitting that as we progress toward this ideal, we also say farewell to the relics and the mistakes of our past.